PRESENT: SCUDDER, P. J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 12-00858

THE CANANDAIGUA NATIONAL BANK AND TRUST COMPANY, PLAINTIFF-RESPONDENT, V WENDY LEE SANTMYER, DEFENDANT-APPELLANT, HENDLER & ASSOCIATES LLC, CAPITAL ONE BANK, N.A., NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, DEFENDANTS.

Appellant having moved, upon the return of an order to show cause granted by the Honorable Henry J. Scudder on May 7, 2012, for a stay of all proceedings to enforce the order of the Supreme Court entered in the Office of the Clerk of the County of Ontario on February 29, 2012, pending the hearing and determination of the appeal taken herein, and for other relief,

Now, upon reading and filing the affirmations and statements of Chad W. Flansburg, Esq., dated May 1, 2012, May 7, 2012, and May 17, 2012, the affidavit of Wendy Lee Santmyer sworn to May 6, 2012, said show cause order with proof of service thereof, the affirmation and statements of John J. Gilbert, Esq., dated May 4, 2012, and May 16, 2012, and the affidavit of Lisa Eilertsen sworn to May 16, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that enforcement of the order entered February 29, 2012, including any foreclosure sale, is stayed until the expiration of 30 days from the date of the order hereby granted or until the expiration of seven days from the date Supreme Court fixes the amount of the undertaking for an automatic stay pursuant to CPLR 5519 (a) (6), whichever comes first (see Wilkinson v Sukiennik, 120 AD2d 989).

Entered: May 25, 2012

Frances E. Cafarell, Clerk